I would say: feel free to contact Intel and ask if you can get an
official approval for including the icc into the openSUSE Build
Service.

I contacted them last week but still waiting for reply ...

All mentioned exceptions in OBS currently have a written down (and
legal approved) contract that allows us to put them into OBS.

Just to clear it up.
I'am sure Intel would never allow to make the icc available for all
users without signing non-com. licences for every user. So never ever
there could be an icc.rpm published.

But if Intel allows single users to use their own license on OBS (and it
should be allowed IMO) when we could discuss whether OBS should allow
packagers to do this or not.
Publishing icc compiled packages is no problem I think. Of course I
don't plan to have icc compiled packages within the standard distro. It
would be just a benefit for developers to have another very good
compiler available.